AGFA HEALTHCARE NV,MUMBAI vs. THE DCIT (INTERNATIONAL TAXATION) -1 (1) (1) , MUMBAI

आदेश / O R D E R PER AMIT SHUKLA (J.M): The aforesaid appeal has been filed by the assessee against final assessment order passed u/s.143(3) r.w.s. 254 AND 144C(13) for the A.Y.2014-15 passed in pursuance of directions given by the DRP vide order dated 02/12/2020.

“We refer to captioned appeal filed by the appellant against order dated 3 June 2021 passed under section 143(3) read with sections 254 and 144C(13) of the Income-tax Act, 1961 for assessment year 2014-15 In this regard, the appellant has decided to avail the benefit of settling the appeal under "The Direct Tax Vivad se Vishwas Scheme, 2024" The appellant has filed declaration in Form 1 on 30 December 2024 (copy enclosed as Annexure 1). The designated authority has also furnished certificate in Form 2 (copy enclosed as Annexure 2) as per the provisions of "The Direct Tax Vivad se Vishwas Scheme, 2024" In view of the above, the appellant wishes to withdraw the captioned appeal. It is submitted that the appeal is withdrawn to reduce the litigation and costs associated therewith. The withdrawal of the appeal shall not in any way be construed as acceptance of the additions on the issues made by the Assessing Officer and shall not have precedence value and therefore, we reserve the right to contest the same issue if raised in any other assessment year Please note that the appellant does not have a managing director and hence, the letter is signed by director of the appellant. We request you to take the above on record and pass an order confirming the withdrawal of the appeal, at the earliest.”

AGFA Healthcare NV 3. Accordingly, appeal of the assessee is dismissed as withdrawn, however, liberty is given to the assessee in case the application for VSVS does not materialize and is not accepted, assessee may file an application for restoration of the appeal. Accordingly, appeal of the assessee is dismissed in limine.

Order pronounced on 18th February, 2025.